HomeMy WebLinkAbout16-055CITY OF LAKEVILLE
RESOLUTION NO. 16-55
A RESOLUTION ORDERING REPAIR OR REMOVAL
OF HAZARDOUS BUILDING
WHEREAS, the Building Official for the City of Lakeville has attempted without success
to have the owner of certain property remedy the hazardous and unsafe condition of the
uninhabitable house situated on property at 11311 178th Street West, Lakeville, Minnesota located
in the County of Dakota ("Subject Property"); and
WHEREAS, the City Council has determined that the building on the Subject Property
constitutes a hazardous building and is a health and safety hazard within the meaning of Minn. Stat.
§ 463.15, subd. 3.
NOW, THEREFORE, BE IT HEREBY RESOLVED BY THE CITY COUNCIL
OF THE CITY OF LAKEVILLE, MINNESOTA:
1. The City has fully considered all evidence relating to the code violations at the
Subject Property. Said evidence includes (i) Certificate of Title indicating ownership
of the Subject Property; (ii) a memorandum dated April 11, 2016, from the City of
Lakeville's Building Official Gene Abbott; and (iii) photographs taken and date
stamped 01/04/16 and 03/04/16.
2. After fully considering all of the reports, photographs, documents, and other
evidence pertaining to the code violations at the Subject Property, the City of
Lakeville finds:
a. Michelle Boyd is the owner of the Subject Property. Associated Bank,
N.A., and Newco Finance, Inc., have mortgages on the Subject Property.
b. On December 18, 2015, the building on the Subject Property, a single-family
home, sustained severe damage from a fire. As a result, the building was
open to trespass, the roof had collapsed, and the building sustained structural
failure. Due to these hazards, the City boarded up the house, shut off the
utilities, revoked the certificate of occupancy, and posted the site as
uninhabitable.
C. The building on the Subject Property has been vacant since the December
18, 2015, fire.
d. A March 4, 2016, visual inspection from the outside of the home showed
that no progress had been made toward fixing any of the hazardous
conditions existing on the building.
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e. No attempt has been made, since the December 18, 2015, fire to remedy
any of the damage done to the building on the Subject Property.
f. The vacant building situated on the Subject Property has not been
maintained in a clean, safe, secure, and sanitary and is in violation of the
International Property Maintenance Code, 2006 edition, Section 301.3, as
adopted in Lakeville City Code Section 9-8-1.
g. Because of physical damage, the building on the Subject Property constitutes
a hazard to public health and safety and is therefore a Hazardous Building
within the meaning of Minn. Stat. § 463.15, subd. 3.
Pursuant to Minnesota Statutes § 463.15 et seq., the City hereby adopts and
approves the Order for Repair and Removal of Hazardous Building attached hereto
as Exhibit A.
4. The City's legal counsel, Campbell Knutson, P.A., Grand Oak Office Center I, 860
Blue Gentian Road, Suite 290, Eagan, Minnesota 55121, is directed to serve the
Order for Repair and Removal of Hazardous Building and to proceed with
enforcement in accordance with Minn. Stat. § 463.15 et seq.
ADOPTED by the Lakeville City Council this 2nd day of May, 2016
CITY OF LAKEVII,LE
By:
Matt Li e, Mayor
A ST:
Charlene Friedges, City Cl
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